Later that year, U.S. Bankruptcy Court judge J. Craig Whitley approved the sale of the BK Racing charter and most of the team's assets for $2.08 million to Front Row Motorsports. As a result, FRM became a three-car team.
However, therein lies the problem. Despite the sale being approved, the trustee handling their bankruptcy case claimed that they were in fact the ones that owned the charter.
A court ruling in 2022 agreed with them, too, with Devine having been ordered to pay $31M to the trustee, with the money going to banks that issued loans to the team, the IRS, former employees, and others still owed money.
Devine appealed this decision, and the outcome of that process has now been completed, with the US Court of Appeal affirming the original 2022 judgment.
As per NASCAR insider Bob Pockrass, the ruling read: "The bankruptcy court exhibited extraordinary patience in the face of Appellants’ egregious conduct. This Court will not condone such blatant disregard for the judicial process."
These are not the only problems that Devine has faced. In October 2023, federal charges were also filed against the former BK Racing owner.
On that occasion, Devine was indicted on four counts of failure to pay payroll taxes.